HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Appeal No. 1440 / 2017
Sohan Lal S/o Ram Lal, B/c Kumhar R/o Birmana Tehsil Suratgarh
District Sri Ganganagar. (At Present Lodged in Central Jail Sri
The State of Rajasthan
For Appellant(s) : Mr. J.S. Chaudhary, Sr. Adv for Mr. Aiden
For Respondent(s) : Mr. Pankaj Awasthi
Mr. Nishant Bohra for complainant
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
1. Appellant has preferred this appeal aggrieved by order dated
11.09.2017 passed by Special Judge of SC/ST Cases,
Srigananagar whereby the bail application under Section 439 of
Cr.P.C. was rejected.
2. It is contended by counsel for the appellant that the
appellant is in custody since 4th of September. Complainant himself
has entered into compromise to sell the tractor and has filed a
false complaint against the appellant.
3. It is contended that at the most, the matter falls under
Section 406 I.P.C. which is triable by First Class Magistrate.
4. Counsel for the complainant and learned Public Prosecutor
has opposed the appeal.
(2 of 2)
5. It is contended that the agreement lodged in the written by
the complainant is also forge document for the F.I.R. filed by the
complainant. It is also contended that after purchase of the
tractor, some defect was observed in the tractor and the tractor
was returned to the appellant. Appellant has retailed the tractor
and has disposed the tractor.
6. I have considered the contentions.
7. Considering the contention of counsel for the appellant, I
deem it proper to allow the appeal.
8. This appeal is accordingly, allowed and it is directed that the
appellant shall be released on bail provided he furnishes a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) together with two sureties in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) each to the satisfaction of
the learned trial Court with the stipulation that he shall appear
before that Court and any Court to which the matter is
transferred, on all subsequent dates of hearing and as and when
called upon to do so.